>>> In late December 2010, a hacking group called FAIL0VERFLOW discovered a way to access certain (but not all) levels of the PS3 System by circumventing the corresponding TPMs. Id. at ¶16; Bricker Decl. at ¶5, Exh. D. At that point, hackers were given the tools to run unauthorized and pirated software on the PS3 System <<<

My understanding is that fail0verflow's exploit didn't enable piracy at all because metldr wasn't being exploited. Anyway, won't this go the way of iphone, where is was ruled that jailbreaking is legal?

My hardware, my rules...

Note that phone jail breaking was given a very narrow exemption by the Library of Congress through the terms of the DMCA. It doesn't establish any legal precedent here, and lobbying for such an exemption is a lengthy process.

Morally they seem similar enough, sadly that's not the issue.

Does this observation have some relevance, or is it just for shock value?

Are we not questioning the morality of said laws? Simply because it is the law, does not make it right or just.

One can hope so. It's really dependent on how the DMCA is interpreted. I was wondering where this legal action was when I heard about the exploits.

Shame on Congress for passing the DMCA to begin with. This exploit only furthers cryptography in practice (that is, this will be a lesson in crypto textbooks for generations to come).

They didn't have an exploit: they showed how to get the private keys to sign anything. Much more valuable (for legitimate uses (and piracy)) than geohot's posting of one individual key.